Williams v. Larkin
New York Supreme Court
Error to Onondaga O. P. Williams sued Larkin and Cole before a justice, and declared in trespass for taking and selling certain personal property.
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Error to Onondaga O. P. Williams sued Larkin and Cole before a justice, and declared in trespass for taking and selling certain personal property. The defendants were trustees of school district No. 3, in Tan Burén, Onondaga county: they issued a warrant for the collection of a tax which had been voted by thé district for purchasing "a school house; the plaintiff was an inhabitant of the district, and one of the persons taxed; the collector took and sold his property to pay the tax; and for that taking this action was brought. The complaint is, that the proceedings were not regular and…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The town superintendent, associated with the supervisor and town clerk, had ample authority to alter the districts. (1 R. S. 470, § 20. Stat. 1843, p. 163, § 1 to 3.) We are referred to the Statutes of 1831, p. 47, § 1 to 3; but this was not a case within that statute. There *116was no change of the site, nor removal of a school house: and of course no vote of district number 14 was necessary.
The next objection is, that as the trustees of district number 13 did not consent, the alteration of the districts did not take effect until.three months after notice was given…
2Cases cited1 opinion
- Benjamin v. HullNew York Supreme Court · 1837
3Cited by6 opinions
- Barhyte v. . ShepherdNew York Court of Appeals · 1866
- Bell v. . PierceNew York Court of Appeals · 1872
- Corbett v. Union Free School District No. 21New York Supreme Court · 1951
- Albright v. RikerNew York Supreme Court · 1880
- First National Bank of New Berlin v. ChurchNew York Supreme Court · 1874
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